HANDBOOK OF INFORMATION 



REGARDING THE 



CORRECTIONAL 
INSTITUTIONS 



OF THE 



STATE OF NEW YORK 



*S35 



PREPARED BY THE 



PRISON DEPARTMENT 

OF THE 

STATE OF NEW YORK 
1910 



ALBANY 

J. B. LYON COMPANY, PRINTERS 

1910 



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V 



LIBRAE OF OOHdMEM 

4AN»4t^» 

DOOUMI NTS DIVIilQN 






2|anibo0k of dlttfnrmattim. 

THIS pamphlet aims to state in concise form the method 
of government and administration of the laws relating 
to correctional institutions in the State of New York. 
The organization of the government of the State of New York 
is substantially the same as that of the Federal Government, 
and the counties comprising the commonwealth of the State cor- 
respond in the main to the several States which form the 
integral parts of the Union. The State government is divided 
into three parts: the executive, the legislative and the judicial. 
Each of the parts is restricted to the exercise of its own legiti- 
mate functions. 

The legislative powers of the State are vested in two houses, 
the Senate and the Assembly. The Senate consists of 51 
members elected for a term of two years, and the Assembly 
of 150 members chosen by the people at annual elections. 

The executive power of the &ta<te is vested in the Governor, 
who holds office for two years, and in the Lieutenant-Governor, 
who holds office for the same'-'time; the Secretary of State, the 
Comptroller, the Treasurer, i: .the Attorney-General, the State 
Engineer and Surveyor, ail-chosen by the votes of the people 
at the general elections for two-year terms. 

All laws voted by the legislature are made in conformity 
with the Constitution of the State, which is the fundamental 
law, with which all statutes must be consistent. 

The Constitution of the State directs the following pro- 
visions of administration in relation to penal and eleemosynary 
institutions of the State: 

i^iate llrtBims. 

The Superintendent of State Prisons. 

The Superintendent of State Prisons receives his appoint- 
ment from the Governor (by and with the consent of the 
Senate), which he holds for a term of five years. He has 
general supervision of the State prisons, the convicts therein, 
and the discipline, police, contracts and penal concerns thereof. 



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Cl OSSIFICATION. 

Since 1S07 the prisoners in the New York State prisons have 
been classified on the basis ol their criminal records into 

groups, as follows: 

Group A. Prisoners serving their first term for felony, 
Group B, Prisoners serving their second terms for felony, 
Group C, Prisoners who have already served two or more 
terms for felony, 

The first offenders are retained at the prisons to which they 
w ere originally committed, 

1 he second offenders received at Sing Sing and Clinton 
Prisons are transferred to Auburn; and members ol Group C 
that arc received at Sino Sins and Auburn are transferred to 
Clinton. Each group is kept by itself, so the association of 
fust offenders with professional and persistent criminals is 
avoided. A sub-classification ol each group, based on conduct 
in prison, is effected by the system ol honor bars. 



Tuberculosis. 

In the classification of the population oi the prisons it is .1 
settled policy ol the Superintendent to transfer to Clinton 
Prison, at Dannemora, every inmate who has any tendency i<> 
tubercular diseases. The region about Dannemora is exceed- 
ingly favorable to consumptives. Within its borders many 
private sanatoria have been established for the care and treai 
ment of prisons suffering from lung troubles. The State has 
also established in this delightful and healthful location .1 
hospital for the treatment ol incipient tuberculosis. The 
salubrity of the Dannemora climate was early recognized hy 

the prison authorities, and the transfer of prisoners for the 

benefit of their health has been occurring since [889. In [903 

the Legislature provided lor the completion of a prison hos 

pital to he devoted entirely to the treatment of tuberculosis. 

Every known means lor the treatment of this disease is heir 
provided, and the hospital is, in construction and administia 

tion, quite the best of any prison hospital in the country. 

The number ol convicts under treatment in the Tuberculosis 
Hospital varies from 425 to 450, and tin- percentage of cures, 
or such improvement as enables the patient to return to Ins 



home at the end of the period of his sentence, is about 95 per 
cent, of those treated. The population of the prisons is largely 
recruited from the densely settled sections of the great cities, 
particularly Xew York City, where good sanitation is prac- 
tically impossible. Coming from such surroundings, it is 
remarkable that even a larger proportion of the inmates of the 
prisons are not afflicted with this dreadful disease. 

The Superintendent of State Prisons, the Warden and the 
physicians in charge of this hospital, are justly proud of the 
results so far obtained, and believe that great benefit may 
come to the delegates to the International Prison Congress, 
and through them to the world, by the dissemination of infor- 
mation obtained by visiting this new departure in prison 
administration. An invitation is extended to the foreign dele- 
gates to avail themselves of this privilege, and transportation 
will be provided without expense to the delegates from Xew 
York to Dannemora and return as the guests of the Prison 
Department of Xew York: details of this excursion will be 
furnished on the arrival of the foreign delegates in Xew \ ork. 



Prison Schools. 

The schools in the State prisons have been organized by the 
State Superintendent of Prisons to fit the peculiar conditions 
and needs of the prison population. The curriculum of the 
prison schools differs from that of the ordinary common school 
in that it is made to apply to adult illiterates, in order to carry 
them along to a point where their reasoning faculties will 
enable them better to direct their hands to mechanical endeav- 
ors. The very large proportion of foreign-born inmates in the 
State prisons makes it further more necessary to adjust the 
course of study to include the elements of the English language 
and some instruction as to the government of the country and 
the duties of citizenship. At each prison a suitable number of 
well-lighted schoolrooms are provided, and a head teacher is 
engaged to instruct and supervise the convict teachers in their 
duties. Approximately 1,500 men in the prisons now attend 
school an hour and a half every day except Sundays and holi- 
days. The progress made by these adult scholars is remark- 
able. The results in a reformative way from the schools are 



more potent than from any other agency, except perhaps from 
the industrial training, which, accompanying the schools, 
forms a co-ordinate branch of the scholastic training. 



Prison Industries. 

The industrial activities of the State prisons are based on 
the theory that it is absolutely necessary to the health and well- 
being of the convicts in the prisons to provide continuous 
employment at productive work. The organization of the 
industrial system contemplates the presence of the same gen- 
eral conditions that obtain in the outside world, and provides 
that the convicts shall be so placed that the work they perform 
in prison shall fit them on their release for such a place in the 
outside world as shall enable them to earn their living by 
honest efforts. The business direction of the system is vested 
in the Superintendent of the State Prisons, who appoints a 
deputy who has immediate charge and direction of the whole 
system, assisted by superintendents in each of the prisons and 
a financial director in the office of the Superintendent at 
Albany. 

There are comprised in the system what would be known in 
outside parlance as twenty-six separate organizations, and 
under these branches of manufacture seventy-five separate and 
distinct trades are taught. The plant, equipment and machin- 
ery provided are the very best that can be obtained in the 
country, and the work in every line is supervised by experts. 
The value of the output varies each year from $800,000 to 
8950,000. The number of men employed in the several indus- 
tries varies from 1,900 to 2,200, as the population of the prisons 
varies from time to time. 

All the manufactured product is sold to the State, its political 
divisions and institutions. This law was enacted in 1897 after 
considerable controversy, and was believed at the time to be 
the most equitable solution of the prison labor problem in the 
country. The State utilizes the product in its own institutions 
and political divisions, and credits the prisons with the price, 
equal to the market price for similar products, instead of 
selling the product in the open market. A catalogue of articles 
manufactured comprises more than 700 different articles. For 
the manufacture of cloth, a well-equipped mill is provided. 



Investment in raw material is confined to wool and cotton. 
The wool is scoured, picked, carded, spun into varn and woven 
into cloth. The tailoring department cuts the cloth, and with 
the addition of buttons and thread completes a suit of clothes. 
The suits so made supplv the uniforms for the Soldiers* and 
Sailors* Home, the officers* and inmates' uniforms of the hos- 
pitals for the insane and the charitable and eleemosvnarv 
institutions of the State. 

Cotton is picked, carded, spun into varn and made into 
underwear and stockings for use in institutions. More than 
25,000 pairs of blankets per vear are made. Shirting, towel- 
ing, jeans and the whole range of woolen and cotton cloth and 
clothing, with all the trades in these lines, comprise even- 
branch of manufacturing in this line now carried on through- 
out the country. Shoes are made by modern methods. Print- 
ing is done with the newest appliances, and a newspaper is 
printed, all the matter being contributed bv the convicts. 
Street brooms are made. Baskets, corn brooms, brushes, 
woodenware. tinware, matting, kettles, ironware are manu- 
factured. Iron and brass beds from the verv latest patterns 
are made. School furniture of modern design is manufac- 
tured. 40,000 desks a vear being furnished to the Department 
of Education in New York Citv alone; also furnace grates, 
carts, wagons and other equipment for the street cleaning and 
sanitarv work of the citv. Furniture, including chairs, bureaus, 
office desks, wardrobes and everything needed for public 
buildings and institutions are produced. 

The same law that directs the Superintendent of State 
Prisons to cause to be manufactured such articles as are needed 
and used bv the several institutions and political divisions of 
the State, in turn directs the several purchasing officers to buv 
these articles from the prisons, and further forbids the auditing 
officer to allow their purchase elsewhere. The matter of 
fixing the prices of the products which are to be furnished and 
the matter of fixing the design of the articles to be manufac- 
tured are bv law arranged bv a board, known as the Board of 
Classification. This board consists of the Fiscal Supervisor, 
t Commissioner in Tunacv, the State Commissioner of 
Prisons and the Superintendent of State Prisons. The board 
is equally divided as to purchasers and sellers and is a very 
important element in the successful working of the system. 
A committee of the board is constandv engaged in connection 



with their other duties in conforming the prison products to 
the outside market. An illustrated catalogue of the large 
variety of prison products manufactured in the prisons will be 
presented to all delegates who mav be interested to have it, on 
application at the Xew York City office of the Superintendent 
of Prisons, at 97 Warren street, Xew York City. 



Honor Emblems. 

As an incentive to good conduct on the part ot the prisoners, 
and as a reward to those who obey the prison rules, a system 
of honor emblems was established in June, 1906. For each 
year of good conduct the prisoner wears on the left sleeve of 
his coat a bar of red cloth, and for each five years of good 
conduct a red star is worn. The helpful effect of this system 
on the discipline of the prison was at once apparent. The 
emblems are popular with the prisoners, as they carry certain 
special privileges and are certificates of good standing that all 
who see mav read at a glance. The Superintendent believes 
that a high standard of discipline can be more easily and satis- 
factorily maintained bv a system of rewards than by imposing 
severe penalties for offenses against the rules, and he and his 
co-workers are constantly seeking practical methods by which 
such rewards may be bestowed without material increase in 
the cost of maintaining the prison. In the honor bars they 
have found a method that is inexpensive and also effective in 
producing the results sought, and as these honor emblems 
carry with them additional privileges the men strive to earn 
them. 



Indeterminate Sentences. 

The two forms of sentence imposed on prisoners committed 
to the State prisons are known as the definite sentence and the 
indeterminate sentence. The professional or persistent crim- 
inal, who has previously served one or more terms for felony, 
is on subsequent conviction sentenced to serve a definite term 
which is fixed bv the court. By good conduct the prisoner so 
sentenced may earn commutation time sufficient materially to 
shorten the period of service. In fact, the commutation 



10 

allowed by law is so liberal that a five-year term may be reduced 
to three years and seven months; and a ten-year sentence to 
six years and six months. It may therefore be said that while 
the maximum sentence that may be imposed for a certain 
crime is, for instance, fixed bv law at five years, it is in effect 
but three years and seven months, for if the conduct of a 
prisoner having a five-year sentence is good, he must be dis- 
charged at the expiration of three years and seven months. 
If he is longer detained, it is because of offenses against the 
prison rules, and is really the penalty paid for his own bad 
conduct. 

The criminal who has never before been convicted of a 
felony is on conviction sentenced to an indeterminate term of 
imprisonment, the minimum and maximum limits of which are 
fixed by the court. Under this form of sentence the prisoner 
cannot earn commutation, but after serving his minimum term, 
if he has a good record and the Parole Board is satisfied that 
he will live a lawful and correct life, he mav be paroled, sub- 
ject to such rules as the Board of Parole may prescribe. While 
on parole he is still in the legal custody of the warden, and if 
he fails to comply with the terms of parole, he may be returned 
to the prison to serve the unexpired portion of his maximum 
sentence. 

From 1889 to 1 901 only a small number of prisoners were 
received at the prisons under indeterminate sentences. After 
the amendment to the law in 1901 the number increased rap- 
idly. A further amendment was passed in 1908 providing 
that all first offenders convicted of crimes other than murder 
in the first degree should be sentenced to indeterminate terms, 
and the number of prisoners so sentenced has now reached 
1,562, and it will probably gradually increase to approximately 
2,500, or nearly two-thirds of the prison population. 



The State Prison at Auburn 

Auburn Prison consists of two prisons, one for men and 
one for women. It is located in the central part of the city 
of Auburn, New York, and occupies about twenty acres of 
land. The buildings, commenced in 1816, were first occupied 
in 18 1 7, and were finally completed in 1820. The construc- 
tion work after 181 7 was largely done by convicts. 




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II 

Auburn Prison was the second State prison to be erected 
in this Commonwealth; the first being Newgate Prison, built 
in 1797, and located in the city of New York. Auburn Prison 
was built as the result of the overcrowding of this earlier in- 
stitution, and its first occupants were transferees from Newgate. 
The original records of Newgate, showing receipts and dis- 
charges from 1797 to 18 1 7, were also transferred to Auburn 
in the latter year, and now form part of the records of that 
prison. 

W hen the prison was first opened convicts were confined at 
night in apartments holding from eight to twelve, a practice 
which proved detrimental to discipline and to the reformation 
of the prisoners. 

At the present time Auburn is equipped with 1,282 single 
cells, exclusive of six special cells for condemned men and 
fourteen punishment cells. 



The State Prison for Women, Auburn 

The State Prison for Women was opened on June 1, 1893, 
with 86 women. Since then 678 have been received, and an 
equal number either discharged, paroled, pardoned or died, 
leaving 167. 

The inmates are employed in mattress making, chair caning, 
weaving, and finishing blankets woven in the men's depart- 
ment of Auburn Prison, and in taking care of the grounds and 
buildings. All clothing worn in the prison bv inmates is 
manufactured in the shop, as are also the outgoing dresses. 

Two hospitals furnish comfort for those who are ill. Protest- 
ant and Catholic religious services are held in the same chapel, 
and music plays a prominent part in the exercises. The school, 
with daily sessions, is under the supervision of an efficient 
principal, who employs three inmate teachers. 

The striped dresses have been abolished for the first grade 
women, and those of tan color substituted. Honor bars and 
stars were donned during the past summer bv those of good 
conduct. 

The warden, doctor, chaplain and clerk of the Auburn 
Prison, act in similar capacities for the State Prison for Women, 
but all the prisoners are under the direct management of the 
matron. 



The Clinton State Prison at Dannemora 

The site oi' the Clinton Prison was chosen in 1845, ana< tne 
stockading of same completed in May of that vear. Men 
were transferred from Auburn and Sing- Sinjj, and the work 
of building a permanent prison pushed to completion. There 
is at the present time accommodation for 1,300 men. 

The inmates are employed in industries consisting of laundrv- 
work, carding and spinning ot cotton and wool, and the manu- 
facture ot shirts, collars and curls, tinware, baskets and wooden- 
ware. 

Clinton Prison combines the double purposes of prison and 
sanitarium, tubercular patients from other prisons being trans- 
ferred there. The patients are, as far as possible, housed and 
treated in hospital wards, and have the benefit of modern con- 
struction and treatment. 

I nder the grading system in force in the State, Clinton is 
known as a "C" or third grade prison. All men serving their 
third (or more^) sentence for felony are transferred there from 
other prisons. The population is, therefore, made up almost 
entirelv of tuberculosis patients and the recidivist class. 



Sing Sing State Prison at Ossining 

Sing Sing Prison, located at Ossining, Westchester County, 
thirty miles north of New York city, on the Hudson River, 
was originally known as Mount Pleasant State Prison, and 
was authorized to be constructed by an act passed on March ~, 
1824. 

In May, 1825, I0 ° convicts from Auburn Prison were brought 
here on a canal boat, and operations were commenced. In 
May, 18 28, the prison buildings were completed, and all the 
convicts then confined in Newgate Prison, Xew York City, 
were removed to the new Mount Pleasant State Prison. 

1 he original main structure was only four stories high, con- 
taining 800 cells; later on two additional stories were added, 
making 1,200 cells in all. This building was constructed 
entirelv ot marble quarried near the prison. The dimensions 
ot the cells are: depth, 7 feet; width, 3 feet 3 inches; height, 
teet 7 inches; giving each cell a cubic space of 108.5O feet. 




Cell Hall, Clintnn Prison. 



J 3 

The main buildings are enclosed hv a wall, and cover about 
fifteen acres. In addition, there are about seventy acres used 
for farming and quarries. 

In 1840 a prison for female convicts was erected near the 
main prison. In 1877 this prison was abandoned, and about 
200 inmates taken elsewhere. 



The State Hospital at Dannemora. 

As far back as 1896 it became evident that more room must 
be provided for the criminal insane in the State of New York. 
Matteawan was over-crowded, receiving the convicted insane 
as well as those indicted for crime who were adjudged insane 
before or during trial. In 1896 the first appropriation was 
made, and on November 15, 1900, Dannemora Hospital was 
opened, with Dr. R. B. Lamb as the medical superintendent, 
and admissions to date have brought the population up to 
nearly 400. One purpose of this hospital is to separate the 
convicted insane from the unconvicted, the infractions of the 
law by the latter being usually caused by insanity. 

The organic law of the Dannemora Hospital is chapter 520 
of the Laws of 1899, which provides for the reception and care 
of all male convicts who become insane while undergoing im- 
prisonment for a felony, and for the detention of patients 
remaining insane at the expiration of their terms of sentence. 

The present superintendent is Dr. C. H. North, who was 
associated with Dr. Lamb at the time of the opening of the 
hospital, and who was selected for promotion from the Civil 
Service list by the Superintendent of State Prisons in Decem- 
ber, 1894. 



The State Hospital at Matteawan. 

This hospital was first established at Auburn by an Act of 
the Legislature passed in April, 1855, and buildings were 
erected upon grounds adjoining Auburn Prison, where convict 
patients were transferred from the institutions at Utica. In 
1886 a commission appointed by the Legislature determined 
on a farm site, to provide outdoor occupation, so far as pos- 
sible, for the inmates; as a result the present institution was 



14 

opened in April, 1892, with a population of 261 patients, trans- 
ferred from Auburn. 

This hospital is the first of its kind erected in the United 
States, and antedates by a short period of time the well-known 
hospital of similar character at Broadmoor, England. Among 
the State hospitals, in point of age, it ranks next to the institu- 
tion at Utica. Its history has always been creditable, and, 
although it has had to care for a dangerous and troublesome 
class ol inmates, a large percentage of whom are possessed of 
homicidal tendencies, it has been fortunately free from any 
serious calamity. The present population is 759: 627 men, 
132 women. 

The good example of the State of New \ ork in establishing 
an institution of this character has been followed by seyeral 
other States of the Union. 



Recent Changes in the Prisons. 

By the Superintendent's order, improved methods of admin- 
istration have resulted from the following changes in the prisons 
during the past twelve years : 

Striped clothing abolished. 

Custom ot clipping prisoners' hair abolished. 

Tm plates and cups in mess-halls replaced by those of 
crockery. 

An oven provided in each prison which permits greater 
variety in preparation of food without increased cost. 

Lockstep abolished and military method of marching sub- 
stituted. 

A comprehensive school system for prisoners established in 
the prisons. 

Classification rules enforced. First offenders and confirmed 
criminals kept separate in every department of the prisons. 

Adoption of honor emblems; each prisoner's conduct record 
indicated by chevrons on the left sleeve of his coat. 

System of numbering shirts and underwear by which each 
prisoner receives from the laundry the same garments he turns 
in. Indiscriminate distribution of garments from laundry pro- 
hibited. 



15 

A barber shop with homely but sanitary equipment estab- 
lished in each workshop with individual lather cup and soap 
for each prisoner. Traveling barber shops abolished. 

Competent dentists and occulists give prisoners' teeth and 
eyes such attention as they actually require. 

Prisoners clothed in summer in light weight washable suits. 

Inauguration of the finger print system of identification in 

The output of the prison industries increased from $494,720. 1 5 
in 1898 to approximately $900,000.00 in 1910. In the same 
period the number of records in the Bureau of Identification 
increased from 24,000 to 110,000. 



Board of Parole. 

The Board of Parole is appointed by the Governor to deter- 
mine the eligibility of prisoners in the State Prisons for parole 
and to supervise their actions while on parole. The Board 
consists of three members [the Superintendent of State Prisons 
and two other citizens, not members of the State Prison Depart- 
ment], and meets at each of the State Prisons ten times each 
year. 



Ety lElmtra jRrfflrmatortJ. 

The New York State Reformatory at Elmira was opened in 
1876, under the superintendency of Mr. Z. R. Brockway, and 
was the first reformatory for males over the age of 16 to be 
established in the United States. Its thirty-four years of his- 
tory have made it famous not only in the United States, but 
throughout the world. All inmates not incapacitated are 
employed daily, except Sunday, at useful employment. About 
thirty trades schools are maintained. Military drill is a prom- 
inent feature, teaching the inmates not only tactics but the 
necessity of proper subordination to authority. But a small 
part of the products of the industry of the inmates is sold to 
the State or to political divisions of the State, the aim of the 
trades schools being rather the instruction of the inmates in 
such manner as to enable them more readily to become self- 
supporting and skilled in later life "on the outside." 



: : 

The affairs of the Reformatory are admire ere by a board 

of managers, appointed bv the Governor of the State, with the 
approval of the State Senate. Approximately two-tree :: 
the prisoners committed to the Reform atorv ire sentenced 

from the eitv ot I sw I :>rk or vicinitv; hence, two members of 
the board of managers ire from Xew ^ ork. The Reforma- 
tory is in charge of a general superintendent, chosen bv the 
board of managers, who themselves serve without pay. Men 

ire committed to the Reformatory under two forms of sen- 
tence, the determinate and the indetermiree sentence The 
prisoners committed under the determiner ;r::r::: : institute 
but a small proportion of the prison population. They are 
sentenced bv the United States : : urts tor crimes against the 
United States Government. The bulk of the inmate ire com- 
mitted under the indeterminate sentence, and in accordance 
therewith a prisoner may be released bv vote of the board of 
managers within one yeai after his admission, provided he 
comply with the conditions of conduct, industry and scholarship 
laid down bv the board of managers. The conditions ire is 
follows : His o-eneral demeanor, his record in the school of let- 
ters and in trades school must be such as to give the board ot 
managers good reason to believe that he will, it 5: reles 
become a law-abiding citizen. It is also necessary before this 
conditional release can be granted that he obtain employment 
A prisoner released the . ; said to be paroled. The parole 
period is not less than six months, during which he must report 
at least once a month to his parole officer. After six 53 e:: :- 
ton." monthly reports e : " led men are usually given an abso- 
lute release from the Reformatory. 

The Reformatory population is divided into three grades 
Each man, upon admission, is put into the second grade, trom 
which by making a good record in demeanor, school of letters, 
and trades school he may rise to the first grade: or bv failure 
he may drop to the third. Six months are the shortest time 
during which a man may rise from the second to the first 
grade; a like six months of practically perfect record in the 
first grade entitles the prisoner to consideration bv the board 
ol managers for parole. The uniforms of the three grades are 
differentiated somewhat. The prisoner: Sake their meals in 
common dining-rooms, to which they are assigned according 
to grade. The tood supplied to the three grades is uniform, 



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but the ration of the first grade admits of a somewhat greater 
variety than does that issued to the second and third grades. 

The cells are seven feet wide, eight feet long, and nine feet 
high. Each has a ventilator, opening to the roof; the walls 
are whitewashed; in each room is an iron bedstead, a wooden 
cupboard, table and chair, and an electric lamp. Closets and 
lavatories have been, or are being, established in all the rooms. 

Each prisoner maintaining a perfect institutional record 
since his admission to the Reformatory is decorated upon his 
promotion to the first grade with a small metal Maltese cross, 
affixed to the collar of his jacket, and to be retained only 
during continuance of the perfect record. Once forfeited, the 
badge cannot be regained by subsequent good record. 

The total number of prisoners at Elmira for the year ending 
September 30, 1909, was 2,855, of which 1,419 were received 
during the year. The total number of paroled men was, for 
the twelve months, 1,097, anc * m tnat same period 135 men 
were returned for violation of parole. Only three deaths 
occurred during the year, but it should be noted that 24 inmates 
were transferred to the Dannemora State Hospital for Con- 
sumptives. The population at Napanoch Reformatory for 
the twelve months ending September 30, 1909, was 856, the 
addition during the year being 378. All inmates of Napanoch 
are first committed to Elmira, and thence transferred by the 
board of reformatory managers to Napanoch, which is also 
under the management of the same board. 

The total number of inmates at Elmira, the average popula- 
tion and the number of paroles were each the largest of any 
year in the institution's history. The number of commit- 
ments, 1,419, was less than in the preceding year — due doubt- 
less to the better industrial condition of the country — but 
was still much larger than in any year prior to 1908. The 
gross cost of maintaining the Elmira Reformatory for the 
fiscal year ending September 30, 1908, was $255,121.76, and 
the net cost was $248,237.05; and the net per capita per diem 
cost of maintenance was $.445, a net annual per capita cost of 
$162.42. 

The library contains 5,782 books; the Reformatory pub- 
lishes a weekly paper called the "Summary." From time to 
time, usually once each month, entertainments are provided 
for the inmates. Religious services are conducted each Sun- 
day throughout the year by Protestant, Catholic and Jewish 
chaplains. 



i8 

©Ije Eastern 53>ui fork Urformaiorg at Napattnrlj. 

This Reformatory, located at Napanoch, Ulster County, was 
first used as a prison in 1900, when it was turned over by the 
Building Commissioners to the Superintendent of State Prisons. 
This was done by an act of the Legislature for the purpose of 
completing it, as far as possible, with convict labor. 

From 1900 until 1906 an immense amount of work was 
accomplished, and on October 1, 1906, it became an adjunct 
of the New York State Reformatory at Elmira, being under 
the same board of managers, with the Hon. Joseph F. Scott 
as Superintendent of both. Mr. George Deyo, Assistant 
Superintendent, is in charge at Napanoch. 

The Napanoch Reformatory has been kept as full as prac- 
ticable with its present cell capacity. All commitments are 
originally made to Elmira, from which, as occasion arises, 
prisoners are transferred to Napanoch in squads of fifty. 
Three classes of men are selected for transfer, viz. : (a) Those 
over 25 years of age; (b) those who have had the advantages 
of Elmira for a year or more and have been returned for viola- 
tion of parole; and (c) those skilled in some trade or handi- 
craft that will make them useful in the construction or other 
special work of the smaller institution. The marking system 
is substantially the same in the two places, and any record 
made in one institution counts in the other. The maintenance 
expenditure for the year ending September 30, 1909, was 
$87,545. The per capita per diem cost for the year was $.534, 
an annual per capita cost of S194.91. Statistics of population 
will be found in the article upon Elmira Reformatory. 



The State Commission of Prisons is composed of seven 
members, appointed by the governor, by and with the advice 
and consent of the Senate. Each Commissioner holds office 
for four years. They shall visit and inspect all institutions 
used for the detention of sane adults charged with or con- 
victed of crime, or detained as witnesses or debtors, excepting 
such reformatories as are subject to the visitation and in- 
spection of the State Board of Charities. The Commission 




•/ 



19 
> 

shall aid in securing the just, humane and economical admin- 
istration of all institutions subject to its supervision; shall 
advise the officers of such institutions or in control thereof 
in the performance of their duties; shall aid in securing the 
erection of suitable buildings for the accommodation of the 
inmates of such institutions, and approve or reject plans 
for their construction or improvement; shall investigate the 
management of all institutions made subject to the visitation 
of the commission, and the conduct and efficiency of the 
officers or persons charged with their management; shall 
secure the best sanitary conditions of the building and grounds 
of all such institutions and protect and preserve the health 
of the inmates; shall collect statistical information in respect 
to the property, receipts and expenditures of said institutions 
and of any department of the State or any subdivision thereof 
in charge of the same, and the number and condition of the 
inmates thereof; shall ascertain and recommend such system 
of employing said inmates as may, in the opinion of said Com- 
mission, be for the best interest of the public and of said 
inmates and not in conflict with the provisions of the constitu- 
tion relating to the employment of prisoners. 



®Ij£ Prtsott Asportation of :N>m fork. 

The Prison Association of New York was incorporated in 
1846. The objects of the Association, as laid down by the 
act of incorporation, were (1) The amelioration of the con- 
dition of prisoners, whether detained for trial, or finally con- 
victed, or as witnesses. (2) The improvement of prison 
discipline, and the government of prisons, whether in cities, 
counties, or states. (3) The support and encouragement of 
reformed convicts after their discharge by affording them the 
means of obtaining an honest livelihood, and sustaining them 
in their efforts at reform. 

The Prison Association has had a continuous existence 
since its incorporation, and is one of the oldest, as well as one 
of the strongest, societies of its kind in this country. Its office 
is in New York City, but its field is the whole State. 

Today, it outlines its field under the following headings: 

1. The protection of society against crime. 



20 



2. The reformation of the criminal. 

3. Protection for those unjustly accused. 

4. Probation for first offenders. 

5. Improvement in prisons and prison displicine. 

6. Employment, and, when necessary, food, tools and shelter 

for discharged prisoners. 

7. Necessary aid for prisoners' families. 

8. Supervision of those on probation and parole. 

9. Needed legislation and correction of abuses in our penal 

system. 

The Prison Association maintains a parole bureau, which 
annually supervises about 1,000 men released on parole from 
Elmira and Napanoch Reformatories, and also an increasing 
number of men released on parole from the three State prisons. 
It maintains a probation officer in the court of General Sessions 
in New York City. On December 31, 1909, there were 648 
men and boys on probation and parole reporting to the 
Association. 

One of the important duties of the Prison Association is 
the inspection of the prisons of the State. "The said executive 
committee (of the Prison Association) by such committees 
as they shall from time to time appoint, shall have power, and 
it shall be their duty to visit, inspect and examine, all the 
prisons in the State, and annually report to the Legislature 
their state and condition, and all such other things in regard 
to them as may enable the Legislature to perfect their govern- 
ment and discipline. And to enable them to execute the 
powers and perform the duties hereby granted and imposed, 
they shall possess all the powers and authority that by the 
twenty-fourth section of title first, chapter third, part fourth 
of the revised statutes are invested in inspectors of county 
prisons and the duties of the keepers in each prison that they 
may examine shall be the same in relation to them, as in the 
section aforesaid are imposed upon the keepers of such prisons 
in relation to the inspectors thereof." Paragraph 6 of Article 
11 of the Act to Incorporate the Prison Association of New 
York, passed May 9, 1846. 

The president of the Prison Association is Eugene Smith, 
and the executive secretary, O. F. Lewis. 



21 

Sit? 8>tair ltaai*ii at (EljartttesL 

The State Board of Chanties, with central office at Albany, 
was established in 1867, was created a constitutional body 
and its general duties and jurisdiction defined by the Constitu- 
tion of 1894, and its powers and duties specifically set forth 
in chapters 57, 46 and 40, Laws of 1909, as amended. It is 
composed of twelve commissioners, appointed by the Governor 
and Senate for terms of eight years. One commissioner is 
appointed for each judicial District, and three additional 
commissioners for New York City. Each commissioner is 
entitled to per diem compensation for attendance at meetings 
of the Board and its committees, not exceeding $500 for any 
one year. No commissioner can be trustee, manager, director 
or other administrative officer of any of the institutions subject 
to the supervision of the Board. 

The Board is required by law to visit, inspect, and main- 
tain a general supervision of all institutions, societies, or 
issociations which are of a charitable, eleemosynary, cor- 
rectional, or reformatory character, whether State or municipal, 
incorporated or not incorporated, excepting prisons and re- 
formatories in which adult males convicted of felony are 
confined, and hospitals and asylums for the insane, and to 
make an annual report to the Legislature. 

The following powers and duties are specially enumerated 
in the statutes: 

1. To aid in securing the just, humane, and economic 
administration of all institutions subject to its supervision. 

2. To advise its officers of such institutions in the perform- 
ance of their official duties. 

3. To aid in securing the erection of suitable buildings for 
the accommodation of the inmates of the institutions afore- 
said. 

4. To approve or not approve the organization and incor- 
poration of institutions, as authorized by law. 

5. To investigate the management of all institutions made 
subject to the supervision of the Board, and the conduct and 
efficiency of the officers or persons charged with their manage- 
ment, and the care and relief of the inmates of such institu- 
tions therein or in transit. 



: 7 secure the best sanitary conditions of the buildings 

and grounds of all such institutions, and to protect and pre- 
serve the health of the inmates 

~ In the case :: institutions having the care of children, 
to aid in securing; the establishment and maintenance of such 
industrial] educational, and moral training as is best suited 
to the needs : : the inmates 

8. In accordance with the provisions :: section [4 :: article 
VIII of the Constitution, to establish rules for the reception 
and retention of inmates of all institutions therein described 
arc subject to the Board's supervision. 

:. To investigate the condition of the poor seeking public 
aid. and advise measures for their relie: 

:: To administer the laws providing for the care, support, 
and removal of State and alien paupers and the support of 
pauper _ n ;. d 5 

11 - collect: statistical ::.: rmation in respect to the prop- 
receipts, and expenditures of all institutions, societies, 

and associatk ns ; abject to the supervision of the Board, and 
the number and condition of the inmates thereof, and the 
poor recer ing publk relief 

12 Prevent evils and abuses in connection with the plac- 
.:".»" wit : children, and issue licenses : : such persons or cor- 
porations applying : ': 1 die same as in the iudgment of the 
Board are pror: pa sons : :::■; ::;•: ions : be entrusted 
with power to place out destitute children. 

1 ] Issue licenses to dispensaries and revoke the same for 
cause, 

:_ E xamine and approve or disapprove the plans ::: alms- 
houses and additions 1 nd impr : ve m e n : s th e t e to. 

_ persons jbstrucring the Board in the performance of 
- -~e ;:: t v t:s ;:;: duties ere uYiue :: 2 rerYtv :: trie 
hundred dollars : : : neglect :t refusal 

ieu: :: the State Board ::" Chanties is William 
' me secretary, Robert W. rlebberd 



2 3 
> 

Btntt StflspUals fnr tljr Snsattr 

The State Commission in Lunacy consists of three members 
appointed by the Governor, by and with the consent of the 
Senate, for a term of six years, with the exception of the Med- 
ical Commissioner, who serves during good behavior. The 
Commission has supervision over all the expenditures of the 
State Hospitals for the Insane, and no expenditures for any 
purpose can be made by these institutions except upon quar- 
terly estimates, which must be submitted to the Commission 
for revision and approval. All vouchers of maintenance and 
building improvements of the State Hospitals are paid through 
this Commission. The State Hospitals are required to report 
to the Commission annually, and the Commission is required 
to report to the Legislature. 

One commissioner must be a physician, a citizen of this 
State and a graduate of a legally authorized medical college, 
having at least ten years' experience in the actual practice of 
his profession, at least five years' experience in the care and 
treatment of the insane, and some experience in the manage- 
ment of the insane. He is by law President of the Commis- 
sion. The second commissioner is required to be a lawyer of 
at least ten years' standing, and a citizen of the State. The 
third commissioner is a layman. The office of the Commis- 
sion of Lunacy is located in the Capitol at Albany. 

The State Hospitals for the Insane in the State are as 
follows : 

Utica State Hospital, at Utica. 

Willard State Hospital, at Willard. 

Hudson River State Hospital, at Poughkeepsie. 

Middletown Homoeopathic State Hospital, at Middletown. 

Buffalo State Hospital, at Buffalo. 

Binghamton State Hospital, at Binghamton. 

St. Lawrence State Hospital, at Ogdensburg. 

Long Island State Hospital, at Flatbush, Brooklyn. 

Kings Park State Hospital, at Kings Park, L. I. 

Manhattan State Hospital, at Ward's Island. 

Central Islip State Hospital, at Central Islip. 

Gowanda State Hospital, at Gowanda. 




24 

(Ehe £>t<xU (Charitable ani Krfflrmatnnj Snstitatums. 

The Governor (by and with the consent of the Senate) 
appoints a Fiscal Supervisor of the State Charities for a term 
of five years, to examine into all matters connected with the 
financial management and revise all estimates for supplies for 
the following: 

The Western House of Refuge for Women, at Albion. 

New York State School for the Blind, at Batavia. 

New York State Soldiers' and Sailors' Home, at Bath. 

New York State Reformatory for Women, at Bedford. 

New York State Training School for Girls, at Hudson. 

Thomas Indian School, at Iroquois. 

Eastern New York Reformatory, at Napanoch. 

New York State Custodial Asylum, at Newark. 

New York State Woman's Relief Corps Home, at Oxford. 

New York House of Refuge, at Randall's Island. 

State Industrial School, at Rochester. 

Rome State Custodial Asylum, at Rome. 

Craig Colony for Epileptics, at Sonyea. 

New York State Institution for Feeble-Minded Children, at 
Syracuse. 

New York State Hospital for the Care of Crippled and 
Deformed Children, at Tarrytown. 

New York State Hospital for the Treatment of Incipient 
Pulmonary Tuberculosis, at Ray Brook. 



25 

Prison Statistics for the Year Ending September 

30, 1909. 



Auburn, 
men. 



Sing 
Sing. 



Clinton. 



Auburn 
women. 



Total. 



Prisoners in custody September 30, 1908. . 

Prisoners in custody September 30, 1909. . 

Received October 1, 1908, to September 30 
1909 

Discharged, same period 

Transferred to State hospitals 

Died 

Daily number in custody 

Paroled 

Returned for violation of parole 

On parole, not discharged, September 30th. , 

United States Prisoners received 

United States prisoners discharged 

United States prisoners in custody, Septem- 
ber 30, 1909 

Life prisoners, September 30, 1909 

Electrocuted during year 

Previously confined in other institutions 

Married, admitted during year 

Single, " " " 

Can read and write, admitted during year. 

Can read only, " " 

Cannot read or write, " 

Temperate, " " 

Intemperate, 

White, 

Colored, " " 

Foreign born, " " 

Native born, " " 

Roman Catholic, " " " 

Protestant, " " " 

Jewish, " " " 

No religious belief, 



, 246 
282 

S69 
533 
IS 
13 
327 
127 



10; 



522 
192 

377 
492 
3 
74 
148 
421 
521 



249 

29 

3 



Cases of insanity during year 



1 , 500 
1 , 792 



822 
16 
IS 

785 

247 
4 

149 



879 
43 6 
678 
816 



298 

270 
844 
961 
153 
456 
658 
560 
404 
149 



1,221 
1 , 246 



517 
492 



1,308 
145 



333 

45o 

'67 
181 
336 
443 
74 
128 
389 
249 



38 



4,063 
4,43 9 

2,271 

1,895 

47 

43 

4,535 

532 

40 

382 

10 

35 

27 

145 

9 



,405 
858 
413 
822 

3 
446 
63 7 
634 
969 
302 
759 
512 
118 
93o 
217 

6 



26 

Statistics of Reformatories — Year Ending September 

jo, 1909. 



S~.ZB.~2ZZ 



~2ZB. 




Married, 

Single 

la- rea : =- i tt 

wS: ~~""~ 

Colored, 

r ::;:;- : : rr_ 
N arive : : — 

Rc= a- latac'.i: 
Pro testae: 
. e~ :; - 

Nine i 7. i 



1.436 


1,914 


1.344 


: - - : 


: _: r 


: -:- 


1 ,511 


I.940 


: z -- 


■ *5- 


135 


163 


497 


662 


24 


36 


3 


9 


1.529 


1.978 


: - 


34 


18 


:5 


23 


23 


: : ;: 


--" 


136 f 


136 


32 


32 


389 


559 


24 


5: 


::: 


= ." 


1,258 


1.566 


; :5: 


1,635 


133 


162 


721 


5_; 5 


698 


959 


1,317 


1,647 


102 ( 


: = : 


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-■ 1 


566 


826 


-:;. 


916 


---. 


619 


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*55 


6 


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2Q 

Exrrrpis front " Jlriann ICaw/' 

§ no. Officers and employees of prisons. The Superin- 
tendent of state prisons shall appoint the agent and warden, 
physician, and chaplain of each of the said prisons, as provided 
in the constitution; and he may remove them from office when- 
ever in his judgment the public interests shall so require. He 
shall designate such number of guards, teachers and other em- 
ployees at each of said prisons as he may deem necessary for 
the safe-keeping and improvement of the prisoners or for the 
maintenance of discipline, and he shall also designate which of 
them shall reside at the prison. But the number of guards 
shall not exceed the proportion of one guard to fourteen prisoners 
at each of said prisons. 

i. The Comptroller shall appoint a clerk of each of said 
prisons as provided by the constitution, and is authorized to 
appoint an assistant clerk of each of said prisons whenever in 
his judgment the public interests shall so require. 

2. The agent and warden of each of said prisons shall ap- 
point, subject to the approval of the superintendent of state 
prisons, a principal keeper, a store-keeper, a kitchen-keeper, a 
hall-keeper, a yard-keeper, a sergeant of the guard, and so many 
other guards, teachers and employees of such prison as shall be 
designated by the superintendent of state prisons as aforesaid, 
and such agent and warden shall have the power to remove 
such subordinate officers and employees so appointed by him. 

3. No appointment shall be made in any of the state prisons 
of this state on the grounds of political partisanship; but honesty, 
capacity and adaptation shall constitute the rule for appoint- 
ments, and any violation of this rule shall be sufficient cause for 
the removal from office of the officer committing such violation. 
No person under twenty-one years of age shall be appointed to 
or hold any office at any state prison, nor shall any subordinate 
officer be appointed at any of said prisons by the agent and 
warden, unless such subordinate officer is a citizen of this state. 

§ 120. Office, powers and duties of superintendent. 
The superintendent of state prisons shall have his office in the 
city of Albany. He shall have the superintendence, manage- 
ment and control of the state prisons and of the convicts therein, 
and of all matters relating to the government, dicipline, police, 
contracts and fiscal concerns thereof. He shall have power 
and it shall be his duty to inquire into all matters connected 



30 

with said prisons. He shall make such rules and regulations, 
not in conflict with the statutes of this state, for the government 
of the officers, guards and employees of the prisons, except the 
clerks and assistant clerks, who shall be subject to such rules 
and regulations as shall be prescribed by the comptroller, and 
in regard to the duties to be performed by them, and for the 
government and discipline of each prison, as he may deem 
proper, and shall cause such rules and regulations to be recorded 
by the clerk of the prison, and a printed copy thereof to be fur- 
nished to each officer of the prison on his appointment. He 
shall also prescribe a system of accounts and records to be kept 
at each prison, which system shall be uniform at all of said 
prisons, and he mav also make rules and regulations for a 
record of photographs and other means of identifying each con- 
vict received into said prisons. 

It shall be the duty of the superintendent of state prisons to 
provide an electrical apparatus suitable and sufficient for the 
infliction of the punishment of death as provided bv section 
five hundred and five of the code of criminal procedure in each 
of the state prisons of this state; together with the necessary 
machinery and appliances for the execution of convicted crim- 
inals as provided bv said code. 

§ 122. Powers and duties of agent and warden. The 
agent and warden of each of said prisons shall attend regularly 
at such prison, and exercise a general supervision over its gov- 
ernment, dicipline and police, and attend to the fiscal and busi- 
ness concerns of the prison, and conform to and enforce the 
rules and regulations of the superintendent of state prisons in 
relation thereto. 

§ 148. Prisoners, how graded. The superintendent of 
state prisons shall direct the classification of prisoners into 
three classes or grades, as follows: In the first grade shall be 
included those appearing to be corrigible or less vicious than 
the others and likely to observe the laws and to maintain them- 
selves by honest industrv after their discharge; in the second 
grade shall be included those appearing to be incorrigible or 
more vicious, but so competent to work and so reasonably 
obedient to prison discipline as not seriously to interfere with 
the productiveness of their labor, or of the labor of those in 
company with whom they mav be employed; in the third grade 
shall be included those appearing to be incorrigible or so in- 
subordinate or so incompetent otherwise than from temporarv 



3i 

ill health as to seriously interfere with the discipline or product- 
iveness of the labor of the prison. 

§ 149. Promotions and reductions in grade. The 
superintendent of state prisons may make rules and regulations 
for the promotion or reduction of the prisoners from one grade 
to another, and shall transfer from time to time the prisoners in 
the state prisons from one prison to another with reference to 
the respective capacities of the several state prisons, or with 
reference to the health or reformation of the prisoners, or with 
reference to including all prisoners of one grade as nearly as 
may be practicable in one prison, or may direct the separation 
from each other of the prisoners of different grades so far as 
practicable within each state prison. 

§ 150. Prison instruction. It shall be the duty of the 
agent and warden of each of such prisons, so far as practicable 
and necessary, to appoint as guards of such prison, persons 
qualified to instruct the prisoners in the trades and manufac- 
tures prosecuted in such prison, or in other industrial occupa- 
tions. Instruction shall also be given in the useful branches of 
an English education to such prisoners as in the judgment of 
the agent and warden or chaplain may require the same and 
be benefited thereby. The time devoted to such instruction 
shall not be less than an average of one hour and a half daily. 
Sundav excepted, between the hours of six and * nine in the 
evening, in such room or rooms as may be provided for that 
purpose. 

§ 153. Prison punishment. The punishments commonly 
known as the shower bath, crucifix, and yoke and buck are 
hereby abolished in all the state prisons of this state. No 
guard in anv prison shall inflict anv blows whatever upon anv 
prisoner, unless in self-defense, or to suppress a revolt or in- 
surrection. When several prisoners combine, or anv single 
prisoner shall offer violence to anv officer of a state prison, or 
to anv other prisoner, or do or attempt to do any injury to the 
building or any workshop or to anv appurtenances thereof, or 
to anv property therein, or shall attempt to escape, or shall 
resist or disobey any lawful command, the officers of the prison 
shall use all suitable means to defend themselves, to enforce 
observation of dicipline; to secure the persons of the offenders, 
and to prevent any such attempt or escape. 

§ 154. Solitary confinement on short rations. If in 
the opinion of the agent and warden of such prison it shall be 



32 

deemed necessary, in anv case, to inflict unusual punishment 
in order to produce the entire submission or obedience of anv 
prisoner, it shall be the duty of such agent and warden to confine 
such prisoner immediately in a cell, upon a short allowance, and 
to retain him therein until he shall be reduced to submission 
and obedience. The short allowance of each prisoner so con- 
fined shall be prescribed by the physician, whose duty it shall 
be to visit such prisoner and examine daily into the state of his 
health until the prisoner be released from solitary confinement 
and returned to his labor. 

§ 170. Contracts prohibited. The superintendent of state 
prisons shall not, nor shall any other authority whatsoever, 
make any contract bv which the labor or time of any prisoner 
in anv state prison, reformatory, penitentiary or jail in this 
state, or the product or profit of his work, shall be contracted, 
let, farmed out, given or sold to any person, firm, association, 
or corporation; except that the convicts in said penal institu- 
tions mav work for, and the products of their labor may be 
disposed of to, the state or anv political division thereof or for 
or to anv public institution owned or managed and controlled 
bv the state, or anv political division thereof. 

§ 171. Prisoners to be employed; products of labor of 
prisoners. The superintendent of state prisons, the super- 
intendent, managers and officials of all reformatories and peni- 
tentiares in the state, shall, so far as practicable, cause all the 
prisoners in said institutions, who are physically capable thereof, 
to be employed at hard labor, for not to exceed eight hours of 
each day, other than Sundays and public holidays, but such hard 
labor shall be either for the purpose of production of supplies 
for said institution, or for the state, or anv political division 
thereof, or for any public institution owned or managed and 
controlled bv the state, or anv political division thereof; or for 
the purpose of industrial training and instruction, or partly for 
one, and partly for the other of such purposes. 

§ 172. Labor of prisoners of first grade, how directed. 
The labor of the prisoners of the first grade in each of said 
prisons, reformatories and penitentiaries, shall be directed with 
reference to fitting the prisoner to maintain himself by honest 
industry after his discharge from imprisonment, as the primary 
or sole object of such labor, and such prisoners of the first 
grade may be so employed at hard labor for industrial training 
and instruction solely, even though no useful or salable pro- 



33 

ducts result from their labor, but only in case such industrial 
training or instruction can be more effectively given in such 
manner. Otherwise, and so far as is consistent with the primary 
object of the labor of prisoners of the first grade as aforesaid, 
the labor of such prisoners shall be so directed as to produce 
the greatest amount of useful products, articles and supplies 
needed and used in the said institutions, and in the buildings 
and offices of the state, or those of any political division thereof, 
or in any public institution owned or managed and controlled 
by the state or any political division thereof, or said labor may 
be for the state, or any political division thereof. 

§ 173. Labor of prisoners of second grade, how directed. 
The labor of prisoners of the second grade in said prisons, 
reformatories and penitentiaries shall be directed primarily to 
labor for the state or any political division thereof, or to the 
production and manufacture of useful articles and supplies for 
said institutions, or for any public institution owned or managed 
and controlled by the state, or any political division thereof. 

§ 174. Labor of prisoners of third grade, how directed. 
The labor of prisoners of the third grade shall be directed to 
such exercise as shall tend to the preservation of health, or they 
shall be employed in labor for the state, or a political division 
thereof, or in the manufacture of such useful articles and sup- 
plies as are needed and used in the said institutions, and in the 
public institutions owned or managed and controlled by the 
state, or any political division thereof. 

§ 175. Prisoners employed for use of state, and divisions 
thereof. All convicts sentenced to state prisons, reforma- 
tories and penitentiaries in the state, shall be employed for the 
state, or a political division thereof, or in productive industries 
for the benefit of the state, or the political divisions thereof, or 
for the use of public institutions owned or managed and con- 
trolled by the state, or the political divisions thereof, which 
shall be under rules and regulations for the distribution and 
diversification thereof, to be established by the state commission 
of prisons. 

§ 177. Labor of prisoners in prisons, reformatories and 
penitentiaries. The labor of the convicts in the state prisons 
and reformatories in the state, after the necessary labor for 
and manufacture of all needed supplies, for said institutions, 
shall be primarily devoted to the state and the pubh'c buildings 
and institutions thereof, and the manufacture of supplies for 



: - 

the state, and public institutions thereof, and secondly to the 
political divisions of the state, and public institutions thereof; 
and the labor of the convicts in the penitentiaries, after the 
necessary labor tor and manufacture ot all needed supplies for 
the same, shall be primarily devoted to the counties, respectively, 
in which said penitent: .. ted, and the towns, cities 

and villages therein, and to the manufacture of supplies for 
the public institutions oi the counties, or the political divisions 
thereof, and secondly to the state and the public institutions 
there : 

| 178. Labor of prisoners in certain institutions. The 
st2 Lte board of managers :: reformatories, and the managing 
authorities :: all the penitentiaries or other penal institutions 
in this state, are hereby authorized and directed to conduct 
the labor oi prisoners therein, respectively, in like manner and 
under like restrictions, as labor is authorized bv sections one 
hundred and seventy and one hundred and seventy-one oi this 
article, to be conducted in state prisons. 

§ 179. Employment of convicts on public highways. 
The superintendent oi state prisons may employ or cause :: 
employed, not : three hundred of the convicts con- 

fined in each stats n m the improvement of the public high- 

ways, within a radius of thirty miles from such prison and out- 

. oi an in I city or village 

The agent and warden oi each prison may make such rules 
as he may deem necessary for the propel f such prisoners 

while so employed, subiect to the approval of the superintendent 

state pris : as 

The agent and warden of each prison may designate, subiect 
to the approval oi the superintendent o: sts fce rnsons, the h - 
ways and portions thereof upon which such labor shall be 
employed: and such portions st designated and approved shall 
be under his control during the time such improvements are in 
m gress, and the state engineer and surveyor shall fix the 
grade and width of the roadway of such highways and direct 
the manner in which the work shall be done. 

The superintendent oi state prisons is hereby authorized to 
purchase any machinery, tools and materials necessary in such 
employment. 

§ 181. Classification of industries; report as to indus- 
tries. It shall be the duty oi the superintendent oi state 
prisons to distribute, among the penal institutions under his 



35 

jurisdiction, the labor and industries assigned by the commission 
to said institutions, due regard being had to the location and 
convenience of the prisons, and of the other institutions to be 
supplied, the machinery now therein and the number of pris- 
oners, in order to secure the best service and distribution of the 
labor, and to employ the prisoners, so far as practicable, in occu- 
pations in which they will be most likely to obtain employment 
after their discharge from imprisonment; to change or dispose of 
the present plants and machinery in said institutions now used 
in industries which shall be discontinued, and which can not be 
used in the industries hereafter to be carried on in said prisons, 
due effort to be made by full notice to probable purchasers, in 
case of sales of industries or machinery, to obtain the best 
price possible for the property sold, and good will of the business 
to be discontinued. The superintendent of state prisons shall 
annually cause to be procured and transmitted to the legisla- 
ture, with his annual report, a statement showing in detail the 
amount and quantity of each of the various articles manufac- 
tured in the several penal institutions under his control and the 
labor performed by convicts therein, and of the disposition 
thereof. 

§ 182. Articles manufactured to be furnished to the 
state or division thereof. The superintendent of state 
prisons; and the superintendents of reformatories and peniten- 
tiaries, respectively, are authorized and directed to cause to be 
manufactured by the convicts in the prisons, reformatories and 
penitentiaries, such articles as are needed and used therein, and 
also such as are required by the state or political divisions 
thereof, and in the buildings, offices and public institutions 
owned or managed and controlled by the state, including 
articles and materials to be used in the erection of the buildings. 
All such articles manufactured in the state prisons, reformatories 
and penitentiaries, and not required for use therein, shall be 
of the styles, patterns, designs and qualities fixed by the board 
of classification, and may be furnished to the state, or to any 
political division thereof, or for or to any public institution 
owned or managed and controlled by the state, or any political 
division thereof, at and for such prices as shall be fixed and 
determined as hereinafter provided, upon the requisitions of 
the proper officials, trustees or managers thereof. No article 
so manufactured shall be purchased from any other source, 
for the state or public institutions of the state, or the political 



36 

divisions thereof, unless said state commission of prisons shall 
certify that the same can not be furnished upon such requisition, 
and no claim therefor shall be audited or paid without such 
certificate. 

§ 184. Board of classification; prices to be fixed. The 
fiscal supervisor of state charities, the state commission of 
prisons, and the superintendent of state prisons and the lunacy 
commission are hereby constituted a board to be known as the 
board of classification. Said board shall fix and determine the 
prices at which all labor performed, and all articles manufac- 
tured in the charitable institutions managed and controlled by 
the state and in the penal institutions in this state, and fur- 
nished to the state, or the political divisions thereof, or to the 
public institutions thereof, shall be furnished, which prices shall 
be uniform to all, except that the prices for goods or labor fur- 
nished by the penitentiaries to or for the county in which they 
are located, or the political divisions thereof, shall be fixed by 
the board of supervisors of such counties, except New York and 
Kings counties, in which the prices shall be fixed by the com- 
missioners of charities and correction, respectively. The prices 
shall be as near the usual market price for such labor and sup- 
plies as possible. The state commission of prisons shall devise 
and furnish to all such institutions a proper form for such 
requisition, and the comptroller shall devise and furnish a proper 
system of accounts to be kept for all such transactions. It shall 
also be the duty of the board of classification to classify the 
buildings, offices and institutions owned or managed and con- 
trolled by the state, and it shall fix and determine the styles, 
patterns, designs and qualities of the articles to be manufactured 
for such buildings, offices and public institutions, in the chari- 
table and penal institutions in this state. So far as practicable, 
all supplies used in such buildings, offices and public institutions 
shall be uniform for each class, and of the styles, patterns, 
designs and qualities that can be manufactured in the penal 
institutions in this state. 

§ 185. Earnings of prisoners. Every prisoner confined 
in the state prisons, reformatories and penitentiaries, who shall 
become entitled to a diminution of his term of sentence by good 
conduct, may, in the discretion of the agent and warden, or of 
the superintendent of the reformatory, or superintendent of the 
penitentiary, receive compensation from the earnings of the 
prison or reformatory or penitentiary in which he is confined, 



37 

such compensation to be graded by the agent and warden of the 
prison for the prisoners therein, and the superintendent of the 
reformatory and penitentiary for the prisoners therein, for the 
time such prisoner may work, but in no case shall the compen- 
sation allowed to such convicts exceed in amount ten per centum 
of the earnings of the prison or reformatory or penitentiary in 
which they are confined. The difference in the rate of compen- 
sation shall be based both on the pecuniary value of the work 
performed, and also on the willingness, industry and good con- 
duct of such prisoner; provided, that whenever any prisoner 
shall forfeit his good time for misconduct or violation of the 
rules or regulations of the prison, reformatory or penitentiary, 
he shall forfeit out of the compensation allowed under this 
section fifty cents for each day of good time so forfeited; and 
provided, that prisoners serving life sentences shall be entitled 
to the benefit of this section when their conduct is such as would 
entitle other prisoners to a diminution of sentence, subject to 
forfeiture of good time for misconduct as herein provided. The 
agent and warden of each prison, or the superintendent of the 
reformatory or superintendent of the penitentiary may institute 
and maintain a uniform system of fines, to be imposed at his 
discretion, in place of his other penalties and punishments, to 
be deducted from such compensation standing to the credit of 
any prisoner, for misconduct by such prisoner. 

§ 187. Disposition of moneys paid to prisoner for his 
labor. The amount of such surplus standing on the books 
of the prison to the credit of any prisoner may be drawn by the 
prisoner during his imprisonment, only upon the certified 
approval of the superintendent of state prisons for disbursement 
by the agent and warden of said prison or superintendent of 
said reformatory to aid dependent relatives of such prisoner, or 
for such other purposes as the superintendent of state prisons 
may approve, or may with the approval of the said superin- 
tendent of state prisons be so disbursed without the consent of 
such prisoner. And any balance to the credit of any prisoner 
at the time of his conditional release as provided by this article, 
shall be subject to the draft of the prisoner in such sums and at 
such times as the superintendent of state prisons shall approve; 
but at the date of the absolute discharge of any prisoner the 
whole amount of credit balance as aforesaid shall be subject to 
his draft at his pleasure. Provided, that any prisoner violating 
his conditional release, when the violation is formally declared 



by the hoard oi parole ::: state prisons, or bv the board oi 
managers :: said reformatory, shall thereby forfeit an] 
balance; and the amount thereof shall be transferred to the 
fund in aid of discharged prisoners ; ; herein provided for fines 

imposed, except such portion thereot as may be applied to pav 
the expense oi his recapture as herembetore provide 

Paroles 

J 210. Eoard of parole for state prisons; parole officers. 
There shall be a board oi parole tor state prisons oi three mem- 
bers to consist ot the superintendent ot prisons, and two mem- 
bers to be appointed bv the gpi ernor, bv and with the adi ice 
and consent ot the senate. This board shall have all the 
powers and pertorm all the duties now devolving bv law upon 
the board ot commis - : : paroled prisoners for the state 

prisons. It shall adopt a uniform system of marking prisoners bv 
means of which shall be ietennined the number ot mark- . 
lits to be earned bv each prisoner as a condition oi release bv 
parole, which system shall be subject to revision from time : 
time. It shall also be its dutv to make examination and :- rt 
to the g - :nor with its recommendations on all applications for 
pardon referred to it bv die go era The members oi said 

board other than the superintendent of prisons shall receive for 
their services an annual salarv of not - ex :red one thousand five 
hundred dollars each from the dates of their respective appoint- 
ments to October first, nineteen hundred and eight, and there- 
after an annual salarv of not to excee :- thousand ei^ht hun- 
dred dollars each and shall hold office for a term oi five - 
from the time oi their appointment. They shall alsc recein 7 
their necessary expenses actuallv incurred in the disch;-;_r 
of their official duties. In case of the absence :: disabilitv 
ot the superintendent ot prisons he mav deputize his 
chiet clerk to represent and act for him at anv meeting oi said 
board. Each agent and warden shall appoint a parole offi:7: 
for the prison of which he is in charge. It shall be the dutv of 
such officers to aid paroled prisoners in securing emplovment 
and to visit and exerc se ; tiper .sion over them while on parole 
and they shall have such authority and perform such other 
duties as the board of parole ma ::. The salarv of each 

7 — : 7: shall not exceed twelve hundred do'.: rs : 7; annum, 
which together with his actual and nece ding expenses 



39 

shall be payable from the maintenance fund of the prison to 
which he is assigned. 

§ 211. Prisoners subject to parole. Every person now 
confined in a state prison or reformatory, under sentence for a 
definite term for a felony, the maximum penalty for which is 
imprisonment for five years or less, exclusive of fines, who has 
never before been convicted of a crime punishable by imprison- 
ment in a state prison, shall be subject to the jurisdiction of the 
board of parole for state prisons and may be paroled in the same 
manner and subject to the same conditions and penalties as 
prisoners confined under indeterminate sentences. The mini- 
mum and maximum terms of the sentences of said prisoners 
are hereby fixed and determined to be as follows: The definite 
term for which each person is sentenced shall be the maximum 
limit of his term, and one-third of the definite term of his sen- 
tence shall be the minimum limit of his term. 

§ 212. Meetings of board; applications for parole or 
discharge. A majority of the board of parole for state 
prisons shall constitute a quorum for the transaction of business 
and they shall meet monthly at each of said prisons upon dates 
to be fixed by them between April first and December first, 
excepting the month of August, and at such other times as they 
may deem necessary between December first and the following 
April first in each year. Each prisoner confined in the state 
prisons may one month prior to the expiration of the minimum 
term of his sentence, make application to the board, in writing 
and in such form as they may prescribe, for his release upon 
parole, or for an absolute discharge as hereinafter provided, and 
said board is hereby prohibited from entertaining any other 
form of application or petition for the release upon parole or 
absolute discharge of any prisoner. 

§ 213. Biographical record of prisoners on indeter- 
minate sentence. The superintendent of state prisons 
shall cause to be kept, at each state prison, a full and accurate 
record of each prisoner therein confined upon an indeterminate 
sentence, which record shall include a biographical sketch 
covering such items as may indicate the causes of the crimi- 
nal character or conduct of the prisoner, and also a record of the 
demeanor, education and labor of the prisoner while confined 
in such prison; and whenever such prisoner is transferred from 
one prison to another, a copy of such record or an abstract or 
the substance thereof, together with the certified copy of the 



4° 

sentence of such prisoner, shall be transmitted with such 
prisoner to the prison to which he shall be transferred. 

§ 214. Release on parole of prisoners on indeterminate 
sentence. It it shall appear to said board ol parole for 
state prisons, upon an application bv a convict for release on 
parole as hereinbefore provided, that there is reasonable proba- 
bilitv that such applicant will live and remain at libertv without 
violating the law. then said board may authorize the release of 
such applicant upon parole, and such applicant shall thereupon 
be allowed to go upon parole outside of said prison walls and in- 
closure upon such terms and conditions as said board shall pre- 
scribe, but to remain, while so on parole, in the legal custodv and 
under the control of the agent and warden of the state prison 
from which he is so paroled, until the expiration of the maxi- 
mum term specified in his sentence as hereinbefore provided, 
or until his absolute discharge as hereinafter provided. 

§ 215. Warrant for arrest of paroled prisoner. If the 
agent and warden of the prison from which such prisoner was 
paroled, or said board or anv member thereof, shall have reason- 
able cause to believe that the prisoner so on parole has violated 
his parole and has lapsed or is probablv about to lapse into 
criminal wavs or company, then such agent and warden or said 
board or anv member thereof, may issue his warrant for the 
retaking of such prisoner. 

§ 216. Officer may arrest prisoner. Any officer of said 
prison, anv parole officer, or anv officer authorized to serve crim- 
inal process within this state to whom such warrant shall be 
delivered is authorized and required to execute said warrant bv 
taking said prisoner and returning him to said prison, within the 
time specified in said warrant therefor. Such officer other 
than an officer of the prison, or parole officer, shall be entitled 
to receive the same fees therefor as upon the execution of a 
warrant of arrest at the place where said prisoner shall be 
retaken, and as for transporting a convict from the place of 
arrest to the prison, in case such officer also transports said 
prisoner to the prison. Such fees of the officer other than a 
prison officer, or parole officer, and the expenses of a prison 
officer in executing such warrant shall be paid by the agent and 
warden of the prison out of the moneys standing to the credit 
ot such paroled prisoner as hereinafter provided, if anv or 
sufficient therefor, and otherwise out of the funds of the prison. 
The parole officers, for purposes of identification, may, within 



41 

this state, measure, describe and photograph prisoners in 
accordance with the Bertillon system. 

§ 217. Appearance of recaptured paroled prisoner before 
board of parole ; imprisonment after delinquency. At the 
next meeting of the board of parole of state prisons, held at 
such prison, after the issuing of a warrant for the retaking of 
any paroled prisoner, said board shall be notified thereof. If 
said prisoner shall haye then been returned to said prison, he 
shall be given an opportunity to appear before said board, and 
the said board may after such opportunity has been given, or 
in case said prisoner has not yet been returned, declare said 
prisoner to be delinquent, and he shall whenever arrested by 
virtue of such warrant be thereafter imprisoned in said prison 
for a period equal to the unexpired maximum term of sentence 
of such prisoner, at the time such delinquency is declared, 
unless sooner released on parole or absolutely discharged by 
the board of parole of state prisons. 

§ 218. Absolute discharge of paroled prisoner. If it 
shall appear to said board of parole that there is reasonable 
probability that any prisoner so on parole will live and remain 
at liberty without violating the law, and that his absolute dis- 
charge from imprisonment is not incompatible with the welfare 
of society, then said board shall, if such prisoner was originally 
sentenced to an indeterminate term, issue to said prisoner an 
absolute discharge from imprisonment upon such sentence, 
which shall be effective therefor, and if such prisoner was 
originally sentenced to a definite term the said board shall 
report his case to the governor, with such information and 
recommendations as they may deem proper, for his discretion- 
ary action. 

§ 219. Not to affect governor's powers to pardon or 
commute. Nothing herein contained shall be construed to 
impair the power of the governor of the state to grant a pardon 
or commutation in any case. 

Commutations. 

§ 230. Definite sentence; indeterminate sentence; com- 
mutation. A sentence to imprisonment in a state prison 
for a definite fixed period of time is a definite sentence. A 
sentence to imprisonment in a state prison having minimum and 
maximum limits fixed by the court is an indeterminate sentence. 
Every convict confined under a definite sentence in any state 



prison or penitentiary in this state, on a conviction of a felony 
or misdemeanor, whether male or female, where the terms or 
term equal or equals one year, exclusive of any term which mav 
be imposed by the court or by statute as an alternative to the 
payment of a fine, or a term of life imprisonment, mav earn for 
himself or herself a commutation or diminution of his or her 
sentence or sentences as follows, namelv, two months for the 
first year, two months for the second year, four months each for 
the third and fourth vears, and five months for each subsequent 
vear. 

§ 231. Commutation, how computed. Where any con- 
vict in any state prison or penitentiary in this state is held 
under more than one conviction, the several terms of imprison- 
ment imposed thereunder shall" be construed as one continuing 
term for the purpose of estimating the amount of commutation 
which he or she mav be entitled to under the provisions of this 
article. 

§ 232. Term of imprisonment, when to begin. For the 
purpose of this article the term of imprisonment of each con- 
vict shall begin on the date of his or her actual incarceration 
in a state prison or penitentiary. 

§ 233. 7/arden to report monthly to governor; contents. 
On anv day not later than the twentieth day of each month, 
the agent and warden of each of the state prisons in this state, 
and the warden or superintendent of each of the peni- 
tentiaries in this state, shall forward to the governor a 
report, directed to him, of any convict who may be discharged 
the following month by reason of the commutation of his or 
her sentence in the manner hereinafter provided, which may 
be written or printed, or partly written and partly printed, 
which shall be uniform as to size and arrangement, which 
size and arrangement shall be fixed by the governor, and 
shall contain the following information, distinctly written, 
namely: The full name of the convict, together with any 
alias which he or she may be known to have, the name of the 
county where the conviction was had, a brief description Oi 
the crime of which the convict was convicted, the name Oi 
the court in which the conviction was had, the name 01 
the presiding judge, the date of sentence, the date of reception 
in the prison or penitentiary, the term and fine, the amount Oi 
commutation recommended, and the date for discharge from 
the prison or penitentiary, if allowed. 



43 

§ 234- Terms expiring on holidays and Sundays. In 

the cases of all convicts where the date of discharge from a 
state prisen or penitentiary, as determined after the allowance of 
commutation for good conduct, falls on Sunday, or any legal 
holiday, it shall fall on the day following. 

§ 235. Rules for allowance of commutation; change 
thereof. The superintendent of state prisons shall formulate 
rules governing the allowance or disallowance of commutation 
to convicts for good conduct in prison or penitentiary which 
shall in all cases be strictly adhered to in all the prisons and 
penitentiaries in this state. These rules may be changed from 
time to time, if necessary, in the discretion of the superintendent 
of state prisons, and he shall immediately on their adoption or 
of any changes in the same thereafter, cause copies of the same 
to be forwarded to the agents and wardens of all the prisons, 
and the wardens or superintendents of all the penitentiaries 
in this state. A copy of these rules shall be furnished to every 
convict entitled to the benefits of this article. 

§ 236. Allowance of commutation to be determined by 
prison board; regulations respecting the same; part of 
commutation may be withheld. For the purpose of ap- 
plying the rules mentioned in the last section for the allowance 
or disallowance of commutation for the good conduct of any con- 
vict, a board shall be constituted in each of the prisons and peni- 
tentiaries of this state, to consist of the agent and warden in each 
of the state prisons and the principal keeper and the physician 
therein, and the warden or superintendent in each of the peni- 
tentiaries of this state, the deputy or principal keeper and the 
physician therein, or of the persons acting in their place and 
stead. This board shall meet once in each month before the 
date fixed for the transmission of their report to the governor, 
as hereinbefore provided, and proceed to determine the amount 
of commutation which they shall recommend to be allowed to 
any convict, which shall not in any case exceed the amount 
fixed by this article. They shall have full discretion to recom- 
mend the withholding of the allowance of commutation for 
good conduct, or of a part thereof, as a punishment for offenses 
against the discipline of the prison or penitentiary, in accordance 
with the rules hereinbefore mentioned. 

§ 237. Reasons for withholding to be sent to governor; 
his power. In all cases, however, where the board shall 
recommend the withholding of the allowance of the whole or any 



44 

part of commutation for good conduct, they shall forward with 
their report to the governor their reasons, in writing, for such 
disallowance, and the governor may, in his discretion, decrease 
or increase the amount of commutation as recommended by 
the said board, but he shall not increase the same beyond the 
amount fixed by this article. 

§ 238. Forfeiture of commutation for escapes. In 
case any convict in any of the state prisons or penitentiaries in 
this state having a sentence or sentences which equals or equal 
four years, escapes or attempts to escape, he or she shall, for the 
first escape or attempt to escape, forfeit one-half of the amount 
of commutation fixed by this article. For the second escape 
or attempt to escape, he or she shall forfeit all commutation for 
good conduct as provided for in this article. Any convict, 
however, having a sentence or sentences which equals or equal 
less than four years, who escapes or attempts to escape, shall 
forfeit all commutation for good conduct as provided for in this 
article. But where a convict has more than one term, the provi- 
sions of this section shall only apply to the term during which 
the escape or attempt to escape was made. 

§ 239. Proceedings for determining as to escapes. The 
board hereinbefore provided for to fix the amount of commu- 
tation for good conduct shall, immediately on the escape or 
attempt to escape of any convict, meet and proceed to investigate 
the said escape or attempt to escape, reduce the testimony of all 
persons having knowledge on the subject to writing, cause the 
said persons to affix their signatures thereto and make oath to 
the same before any one of the members of said board, who is 
hereby authorized and empowered to administer such oath, 
and false swearing on such examination or in such statement 
shall be perjury. The said board shall thereupon make a full 
report in writing and immediately forward the same to the 
superintendent of state prisons, who shall thereupon determine 
whether an escape or attempt to escape was committed, make 
an indorsement, in writing, of his decision, and return the same 
to the agent and warden of the state prison, or the warden or 
superintendent of the penitentiary where the escape or attempt 
to escape shall have occurred, where the same shall be recorded 
in a book to be kept for that purpose. But if from newly-dis- 
covered evidence, or other just cause, there is reasonable 
ground to believe that an injustice has been done to any con- 
vict in his or her having been adjudged to have escaped or 



45 

attempted to escape, the superintendent of state prisons may, 
in his discretion, make an order in writing directed to the agent 
and warden of the state prison or the warden or superintendent 
of me penitentiary from which such convict was adjudged to 
have escaped or attempted to escape, requiring that a re-exami- 
nation of the former adjudication be had and upon a report to 
him of such re-examination, he shall proceed to render a decision 
upon the same. And the proceedings on such re-examination, 
the decision and the proceedings had thereunder shall in all 
respects be conducted in the manner above set forth in this 
section as upon a first hearing in the matter of an escape or 
attempt to escape. But the provisions of this section shall not 
apply to the case of any convict, the length of whose term or 
terms is less than one year. 

§ 240. To whom provisions as to escapes are applicable. 
The provisions of section two hundred and thirty-eight shall 
apply to all convicts who are now, or who may hereafter be 
confined in any prison or penitentiary of this state. 

§ 241. Reports to governor, how signed. The re- 
ports of the various boards for the determination of the amount 
of commutation for good conduct of convicts in the prisons and 
penitentiaries of this state to the governor, shall be personally 
signed by the members thereof. 

§ 242. Power of governor to grant commutation for 
good conduct. The governor, upon the receipt of the report 
recommending the allowance of commutation of sentences of 
convicts for good conduct as provided for in this article, may, 
in his discretion, allow the same, and place the names of all those 
convicts whom he may determine to commute upon one warrant, 
and direct the same to the agent and warden of the state prison, 
or the warden or superintendent of the penitentiary, wherein 
such convicts may be confined, who shall thereupon proceed to 
execute such warrant by discharging the convicts mentioned 
therein on the date fixed for their discharge. 

§ 243. Governor to annex condition to commutation; 
return of convict to prison for violation. The governor 
shall, in commuting the sentences of convicts as provided for in 
this article, annex a condition to the effect that if any convict 
so commuted shall, during the period between the date of his 
or her discharge by reason of such commutation and the date 
of the expiration of the full term for which he or she was sen- 
tenced, be convicted of any felony, he or she shall, in addition to 



4 6 

the penalty which may be imposed for such felony committed 
in the interval as aforesaid, be compelled to serve in the prison 
or penitentiary in which he or she may be confined for the 
felony for which he or she is so convicted, the remainder of the 
term without commutation which he or she would have been 
compelled to serve but for the commutation of his or her sen- 
tence as provided for in this article. 

§ 244. Certificate of warden as to commutation may 
be received in evidence. The certificate of the agent and 
warden of a state prison or the warden or superintendent of a 
penitentiary, that the period of imprisonment of a convict was 
commuted under the provisions of this article, and of the crime 
and the length of term for which such commutation was granted, 
shall be received in evidence as proof for the purposes mentioned 
and described in section two hundred and forty-three. 

§ 245. Convicts to be informed of this article. Upon 
the receipt of any convict in any prison or penitentiary in 
this state who shall be entitled to the benefits of this article, 
the provisions of the same shall be read to him or her and the 
meaning of the same shall be fully explained to him or her by 
the clerk of the prison or penitentiary. 

§ 246. Proceedings upon discharge. Upon the discharge 
of any convict by reason of commutation of sentence for 
good conduct, the provisions of sections two hundred and forty- 
three and two hundred and forty-four of this article shall be 
read, and their nature fully explained, to him or her, by the 
clerk of the prison or penitentiary. 

§ 247. Application of article to a hospital for insane 
criminals or convicts. The provisions of this article shall 
apply to any prisoner who may have been transferred to a state 
hospital for insane criminals or convicts from any of the prisons 
or penitentiaries or from any reformatory of this state to which 
he or she may have been transferred from any of the prisons or 
penitentiaries of this state whose sentence or sentences aggre- 
gates or aggregate not less than one year. And the medical 
superintendent of such hospital may and shall perform any of 
the acts which may or shall be done by any board mentioned 
in this article. 

§ 248. Application of article to convicts in reforma- 
tories. The provisions of this article shall apply to any con- 
vict who may have been transferred from any of the prisons or 
penitentiaries to any reformatory of this state, whose sentence 



47 



or sentences equals or equal not less than one year. And the 
superintendent or chief officer of such reformatory may and 
shall perform any of the acts which may or shall be done by 
any boarcl mentioned in this article. 



Reformatories. 

§ 280. Name and location of state reformatories. The 

state reformatory at Elmira is continued, and shall be known 
as the New York state reformatory; and the state reformatory at 
Napanoch is continued, and shall be known as the Eastern New 
York reformatory. 

§ 281. Board of managers of state reformatories. 
There shall be a state board of managers of reformatories, con- 
sisting of seven members, who shall be appointed by the gover- 
nor, by and with the advice and consent of the senate. The 
full term of office of each manager hereafter appointed shall be 
seven years. The managers of the reformatory at Elmira, in 
office on May thirteenth, nineteen hundred and six, shall be 
continued in office as members of said state board until the 
expiration of their terms, unless sooner removed for cause as 
provided by law. The said managers and two additional mem- 
bers appointed by the governor, as above provided, shall con- 
stitute said state board. The said state board of managers of 
reformatories shall elect from their number a president, a 
secretary and a treasurer. Said board may elect a secretary 
and treasurer for each institution. Such managers shall re- 
ceive no compensation for their services, but shall receive their 
reasonable traveling and other official expenses. 

§ 282. Control and management of Eastern New York 
reformatory at Napanoch vested in state board of man- 
agers. The superintendence, control and management of 
the Eastern New York reformatory at Napanoch shall continue 
to be vested in said state board of managers. All unexpended 
appropriations or balances of appropriations for the erec- 
tion, construction or equipment of the said reformatory, or for 
any other purpose in connection therewith, shall be expended 
under the direction of the said state board of managers. 

§ 283. Management and control of state reformatories 
vested in state board of managers. Said state board of 
managers shall continue to be vested with the management and 
control of the state reformatory at Elmira and the transfer and 



4 8 

parole of prisoners formerly possessed by the board of managers, 
and all existing laws relating to the management and control of 
the said New York state reformatory at Elmira and the transfer 
and parole of prisoners therein, are applicable to the manage- 
ment and control of the Eastern New York reformatory at 
Xapanoch and the transfer and parole of prisoners therein. 
Said state board of managers shall be vested with the same 
authority, management and control of both of said reforma- 
tories, their officers and inmates, except as herein otherwise 
provided, that the present board of managers now possess over 
the said reformatory at Elmira, its officers and inmates. 

§ 284. General powers and duties of state board of 
managers. The state board of managers of reformatories 
shall: 

1. Have the general superintendence, management and con- 
trol of said reformatories, of the grounds and buildings, officers 
and employees thereof, of the prisoners therein, and of all 
matters relating to the government, discipline, contracts and 
fiscal concerns thereof. 

2. Make rules, not inconsistent with law, for the proper 
government of said reformatories and of the officers and 
employees thereof, and for the employment, discipline, educa- 
tion, transfer, parole and discharge of prisoners sentenced 
thereto. 

3. Investigate the affairs of said reformatories, inquire into 
any improper conduct alleged to have been committed by any 
officer or employee, and require reports from the superintendent 
of reformatories and other officers thereof in relation to the dis- 
cipline, labor and government of said reformatories and have 
power to take proof under oath in any such investigation or 
inquiry. 

4. Meet at least once in each month for the purpose of per- 
forming the several duties prescribed in this article. 

5. Examine, monthly or quarterly, all the accounts, expen- 
ditures and vouchers relating to the business of said reforma- 
tories, and certify their approval or disapproval thereof to the 
comptroller. 

6. Report to the legislature, annually, on or before the tenth 
day of January, for the year ending with the last day of the 
next preceding September, the condition of said reformatories, 
the amount of money received and expended by them during 
such year with a detailed statement thereof; their proceedings 



49 

in regard to the prisoners therein, and such other matters as 
they may deem proper, or as the legislature may require. 

7. Make such other reports from time to time as the legisla- 
ture may require. 

§ 285. Transfer of prisoners from either reformatory to 
the other. The said state board of managers may transfer 
prisoners committed to their custody from either one of said 
institutions to the other, in their discretion, and may provide 
rules and regulations governing such transfers. 

§ 286. Superintendent of reformatories and assistant 
superintendent; appointment, powers and duties. Said 
state board of managers shall appoint a superintendent of 
reformatories, and may remove him for cause after an oppor- 
tunity to be heard. Said superintendent shall have general 
oversight of both institutions, and, subject to the approval of 
said board of managers, shall appoint all other officers and 
employees of said institutions, and be possessed with all the 
powers and perform all the duties in both institutions prescribed 
in this article. There shall be an assistant superintendent for 
each one of said institutions, who shall be authorized to exercise 
in the institution to which he was appointed the powers and 
duties of the superintendent in case of his absence or inability to 
perform such duties, and to exercise such powers and perform 
such other duties as may be prescribed by said board of mana- 
gers or by the superintendent. 

§ 287. General duties of superintendent of reforma- 
tories. The superintendent of reformatories, subject to the 
direction and control of the state board of managers, shall: 

1. Have the general supervision and control of said reforma- 
tories, of the grounds and buildings, subordinate officers and 
employees thereof, the prisoners therein, and of all matters 
relating to the government and discipline thereof. 

2. Make such rules and orders, not inconsistent with law, or 
with the rules and directions of the said board of managers, as 
he may deem proper or necessary for the government of said 
reformatories and of the officers and employees thereof; and 
for the employment, discipline and education of the prisoners 
sentenced thereto. 

3. Annually report to the said board of managers, on or before 
the first day of December, all such matters as are required by 
the said board of managers. 



50 

4. Exercise such other powers and perform such other 
duties as the said board of managers may lawfully prescribe. 

§ 295. Transportation of convicts to reformatories. 
Upon the receipt, by the superintendent of reformatories, of 
notice of the sentence of a convict to either of said reformatories, 
an officer of such reformatory shall proceed to the place of con- 
viction, and the sheriff or keeper of the prison having custody 
of the convict shall deliver the convict to such officer, with the 
papers required to be delivered with such convict, and such 
officer shall thereupon convey such convict to the reformatory 
at the expense of the reformatory. Such officer shall for the 
purpose of such conveyance have all the powers possessed by 
sheriffs in conveying a convict to a state prison in pursuance of 
law. 

§ 296. Transfer of prisoners to state prisons. If it 
shall appear to the state board of managers that said reforma- 
tories are over-crowded or that any prisoner confined in either 
of said reformatories, 

1. Was, at the time of his conviction, more than thirty years 
of age; or 

2. Has been previously convicted of a felony; or 

3. While in the reformatory, is incorrigible and that his 
presence therein is seriously detrimental to the welfare of the 
institution; an application may be made to a justice of the su- 
preme court of the judicial district in which such reformatory is 
located, for an order transferring the prisoner named therein to 
a state prison. Such application shall be by written petition 
signed by the president or secretary of the board and shall state 
the causes for seeking such transfer and due notice of such 
application with a copy of the petition shall be served personally 
or by mail at least eight days before the hearing on the superin- 
tendent of state prisons, who shall specify the institution to 
which such prisoner shall be transferred, in case the order shall 
be made. Such justice shall grant such order of transfer, on 
such hearing as he may prescribe, if it appears to his satisfaction 
that the facts alleged are true and that such transfer should be 
made. A prisoner so transferred shall be confined in such 
institution as under an indeterminate sentence, commencing 
with his imprisonment in the reformatory with a minimum of 
one year and a maximum fixed by law for the crime of which 
the prisoner was convicted and sentenced; and may be released 
on parole or absolutely discharged as are other prisoners con- 



5i 
> ■ 

fined under an indeterminate sentence. Such prisoner may be 
returned at any time to the reformatory in the discretion of the 
superintendent of state prisons, and with the consent of the said 
board of managers. 

§ 297. Transfer of convicts from state prisons to 
reformatories. Whenever there is unoccupied room in 
either of said reformatories, the state board of managers 
may make a requisition upon the superintendent of state 
prisons, for a sufficient number of well-behaved and most 
promising convicts under thirty years of age who are confined 
in a state prison because of a first offense, and the superin- 
tendent of state prisons shall transfer such convicts to such 
reformatory for education and treatment under the rules 
thereof. The said board of managers shall receive and detain 
the prisoners so transferred for the terms of their sentences, if 
such sentences are for fixed terms, less the commutation of im- 
prisonment if earned, that would have been allowed to them 
for good conduct if they had completed their terms in the state 
prisons from which they were transferred. If such prisoners 
are confined under an indeterminate sentence, they may 
be paroled and discharged as are prisoners confined in a state 
prison, except that the said board of managers shall constitute a 
board of parole for the purpose of paroling and discharging 
such prisoners, and such board shall make rules for such parole 
and discharge not inconsistent with law and in general con- 
formity with the rules made by the parole boards of the state 
prisons. 

§ 298. Control and discipline of prisoners at reforma- 
tories. The state board of managers shall maintain such 
control over all prisoners committed to their custody, as shall 
prevent them from committing crime, best secure their self- 
support and accomplish their reformation. The discipline to 
be observed shall be reformative, and the board of managers 
may use such means of reformation consistent with the security 
and improvement of the prisoners, as they may deem expedient. 
The prisoners may be employed in agricultural or mechanical 
labor as a means of securing their support and reformation. 

§ 300. Parole of prisoners at reformatories. The 
state board of managers may allow any prisoner confined in 
either of said reformatories to go upon parole outside of the 
reformatory buildings and inclosures, pursuant to the rules of 
the board of managers. A person so paroled shall remain in 



the legal custody and under the control of the board, until his 
absolute discharge, as provided by law. No personal appear- 
ances before the board shall be permitted in behalf of the parole 

§ 301. Retaking of paroled prisoners of reformatories. 
If the state board of managers 0:0 reasonable muse r: relieve 
that a paroled prisoner has violated the conditions of his parole, 
the board may issue its warrant certified by its secretary, for 
the retaking of such prisoner at any time prior to his absolute 
discharge. The time within which the prisoner must be retaken 
shall be specified in the warrant. Such warrant may be issued 
to an officer of the reformatory or to any peace officer of the 
state, who shall execute the same by taking such prisoner into 
custody within the time specified in the warrant. Thereupon 
such officer shall return such prisoner to the reformatory, where 
he may be retained for the remainder of the maximum term 
provided by law. 

^ 302. Rules of reformatories. The state board of man- 
agers shall make rides, not ii consistent with law: 

1. Prescribing the conditions under which prisoners may be 
paroled or conditionally released. 

2 Regulating the retaking and reimprisonment of such 
prisoners. _ 

}. Providing for the employment, discipline, instruction and 
education of the prisoners. Such rules shall be adopted by the 
resolution of the : : era : f managers, nassed at a meeting there: f. 
at which a majority : its members shall be present. All rules 
adopted and in force shall be printed and a copy thereof dis- 
t:;: cited to each omcer. emolovee and prisoner in each of said 
reiormatones. 

§ 303. Marks for good conduct at reformatories; records 
filed with secretary of State. The state board :f mana- 
gers shall adoot a uniform svstem jf marks bv means of which 
shall re determined the number of marks or credits to oe earned 
bv ec.cn nrisoner sentenced t: either of said reformatories, as 
the condition 1 increased privileges, or of release from their 
control, which system shall be subject to revision from time to 
time Each prisoner shall be credited for good personal 

manor, diligence in labor and study, and for results accomp- 
lished, and be charged for dereliction, negligence and offenses. 
Earn prisoner's account :•: marks or credits shall be made known 
to him as often mm 1 each month. The said board of 



managers shall make rules by which each prisoner shall be 
permitted to see and converse with some member of the board 
of managers at stated periods. An abstract of the record in 
the case of each prisoner confined in each of said reformatories 
shall be made semi-annually, showing the date of admission, 
the age, the crime, place of conviction, court or judge by whom 
sentenced, the situation at the time of making such abstract, 
whether in a reformatory, or state prison, the hospital for insane 
criminals or elsewhere, whether any and how much progress or 
improvement has been made, and the reason for release or 
continued custody or transfer as the case may be, the names 
of those deceased during said period, with cause of death. 
Such abstract shall be considered by the said board of managers 
at a regular meeting and filed with the secretary of state. 

§ 304. Absolute release from imprisonment from re- 
formatories; discharge. When it appears to the state 
board of managers that there is strong or reasonable probability 
that any prisoner will remain at liberty without violating the 
law, and that his release is not incompatible with the welfare 
of society, they shall issue to such prisoner an absolute release 
or discharge from imprisonment. Nothing herein contained 
shall be construed to impair the power of the governor to grant 
a pardon or commutation in any case. 

§ 305. Sentences for a definite period to reformatories. 

If, through oversight or otherwise, a person be sentenced to 
imprisonment in either of said reformatories for a definite 
period of time, such sentence shall not, for that reason, be void, 
but the person so sentenced shall be entitled to the benefits 
and subject to the liabilities of this article, in the same manner 
and to the same extent as if such sentence had been made for an 
indefinite period of time in the manner provided by the penal 
law. 

§ 306. Supervision of prisoners paroled from reforma- 
tories. The state board of managers may appoint and at 
pleasure remove suitable persons in any part of the state, who 
shall supervise paroled prisoners and perform such other law- 
ful duties as may be required of them by such board. Such per- 
sons shall be subject to the direction of the board. They may 
be paid a reasonable compensation for their services and expen- 
ses w^hich shall be a charge upon and paid from the funds of 
said reformatories. 



54 

§ 307. Sentence to reformatories. Any person who shall 
be convicted of an offense punishable by imprisonment in either 
of said reformatories, and who, upon such conviction, shall be 
sentenced to imprisonment therein, shall be imprisoned accord- 
ing to this article, and not otherwise. The term of such 
imprisonment of any person so convicted and sentenced shall 
be terminated by the state board of managers, as authorized 
by this article; but such imprisonment shall not exceed the 
maximum term provided by law for the crime for which the 
prisoner was convicted and sentenced. 



LIBRARY OF CONGRESS 



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029 827 189 8 



